In an age where issues of nationality and immigration are ever more at the forefront of public discourse, Italy is not an exception. The Italian Parliament is discussing a new draft law since January 24th, 2024, proposing changes that could affect those of Italian descent seeking to reclaim their heritage through citizenship. This article delves into the proposed legislation, with special emphasis on its impact on third-degree descendants and beyond.

For amendments to the law regarding Italian citizenship applications for former Italian citizens, please check the information here.

The legal text explained

The draft law introduces specific criteria that will require demonstrating a close connection to Italy. For the 1st, 2nd and 3rd degree descendants, this means proficiency in the Italian language at the B1 level. Those beyond the third degree will have an additional requirement: a one-year residency in Italy.

The language of the law

“The right to Italian citizenship is recognized to individuals who demonstrate straight-line ascendancy up to the third degree of Italian citizens, born or resident in Italy. The applicant must satisfy the provisions of article 9.1 (of the Italian Nationality Act) for knowledge of the Italian language.

For citizenship claims beyond the third degree, continuous residency in Italy for at least one year is required.”

Source: Bill no. 752 presented to the Senate of the Italian Republic on 7 June 2023, Article 2

Family Degrees 101: Know Your Rank

Understanding your eligibility under this new draft law necessitates a detailed grasp of Italian kinship degrees. Here’s a breakdown:

Rank 0: Original Italian Ancestor (e.g., Mario)

Rank 1: Child of Original Ancestor (e.g., Luca, son of Mario)

Rank 2: Grandchild of Original Ancestor (e.g., Serena, daughter of Luca)

Rank 3: Great-Grandchild of Original Ancestor (e.g., Anna, daughter of Serena)

Rank 4: Great-Great-Grandchild of Original Ancestor (e.g., Silvia, daughter of Anna)

Rank 5: Great-Great-Great-Grandchild of Original Ancestor (e.g., Giovanni, son of Silvia)

With these rankings in mind, here is how the new draft law would apply:

Ranks 0-3: Eligible for citizenship by merely demonstrating Italian language proficiency at the B1 level.

Ranks 4 and beyond: Must not only prove language proficiency but also complete a year’s residency in Italy.

By having this clear understanding of kinship degrees, you can more precisely assess your position and the steps you need to take.

Language proficiency level

The B1 level signifies that an individual can grasp the essential ideas of clear, standard texts on familiar subjects related to work, academics, or leisure activities. Moreover, a B1-level speaker is equipped to handle most situations likely encountered during travel in regions where the language is spoken. This level is set by the European international standard called Common European Framework of Reference for Languages (CEFR).
For more information about the B1 language certificate requirement, please read here.

Residency

The proposed law mandates that applicants who are more than 3 generations removed from their Italian ancestor must live in Italy to be eligible for citizenship. Specifically, a great-great-grandchild of an Italian must reside in Italy for one year at the time of their application. In practice, if your Italian-born ancestors left Italy in the early 1900s and you were born in the 1980s or later, there’s a very good chance the you fall into this category.

As  a non-EU national, you would need to

  1. Get a visa to enter Italy for long-term residence, like to any other foreign national. Obtaining such visas—whether for work, study, or residency—is usually a lengthy and complicated process;
  2. Once in Italy, another long procedure is required to get a permission to stay with the immigration police;
  3. Only once you receive a residence permit, you would be able to register your residence with the the local municipality starting the one-year residency needed for citizenship application.

Considering these stringent requirements, realistically, those who would stand a substantial chance of obtaining citizenship through this path would be only EU citizens or non-EU nationals with direct family in Italy who can bypass general visa requirements.

Will This Bill Pass?

The draft law enjoys substantial backing, notably from the Fratelli d’Italia party currently in power. Given this landscape, the bill has a significant likelihood of becoming law. Yet, the journey from draft to law involves several stages, with opportunities for amendments by members of both the legislative chambers, the Senate and the Chamber of Deputies. Consequently, the final version of the law could differ significantly from its original proposal, potentially introducing new restrictions, a grace period for current citizenship applicants, or it might not pass at all.

Should it be enacted, there will be potential flexibility for those who have already submitted their applications. In the legal context, those who have already submitted their application for citizenship by lineage may have avenues to argue your eligibility based on the law as it stood at the time of your birth. However, these considerations won’t apply to those who haven’t initiated their application process.

You’re welcome to read my guide here and follow the progress of the discussions in the Italian Parliament on the amendments to citizenship laws: Italian Citizenship Law: Follow Ancestry Bill Updates

How Can This New Law Affect Your Citizenship Application?

These new limitations, if approved by the Italian Parliament,  will surely apply to future applications. So if you haven’t submitted you application as yet, you should hurry to make sure that you HAVE A CHANCE to be granted Italian citizenship according to the previous requirements (no language proficiency, no residence in Italy required).

It is uncertain if the new law will affect pending applications. However, if you submit your application through an Italian Court before the changes take effect, you have a good chance of avoiding its consequences. Judges have broader authority than Consulate officers and can apply key legal principles and case law to protect applicants from laws that change after their application date. Keep in mind, though, that judges may have different interpretations in each case. Additionally, the outcome heavily depends on how well your lawyer presents your case with relevant references and arguments. Hiring a specialized lawyer is crucial to maximize your chances during this uncertain time for Italian citizenship.

You’re welcome to read my best mind hacks on this subject: The Future of Italian Citizenship

Your Next Steps

If you haven’t yet started your application process, now might be the moment to act. In such evolving legal landscapes, proactivity is not just an option; it’s a strategic move.

Dive into my FREE step-by-step guide to kickstart your application, optimized to mitigate the potential effects of the incoming legislation. Read it here